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High Court acquits two, convicts two

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Express news service

Posted: Mar 14, 2008 at 0310 hrs IST

Chandigarh, March 13 Holding that defects of investigation may not be enough to reject the case of the prosecution, a division bench of the Punjab and Haryana High Court gave the benefit of doubt to two murder accused and acquitted them of charges.

Meanwhile, life imprisonment of two other accused has been upheld by the High Court.

Those acquitted are: Roop Chand and Dev Kumar, while those whose conviction has been upheld include Rohtas and Surinder, residents of Haryana.

The four accused were sentenced to life imprisonment by a trial court and were convicted on charges of murder and furtherance of common intention under sctions 302 and 34 of the Indian Penal Code (IPC).

The four were also directed to pay an amount of Rs 30,000 each as compensation to the kin of the deceased.

The incident took place in 1998 when the four accused along with two accomplices had allegedly murdered Mohar Pal, a resident of Haryana.

Pronouncing the judgment, a division bench of the High Court headed by Justice A K Goel held, “The court is not debarred from separating the truth from the falsehood and accepting a part of the evidence. Witnesses may react in a different way and there may not be a set pattern that can be expected. Prompt FIR has benefit of spontaneity but there is bound to be some delay in lodging of the FIR. The case of prosecution cannot be rejected merely on account of delay. Absence of details of the FIR in inquest proceedings is not always fatal.”

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